Chicago Bicycle Laws

A Driver's Take on the Cycle Track.

2011-07-05T12:08:00.000-07:00

Mark Konkol wrote a piece in the Sun Times titled, "Drivers are the New Smokers," wherein he explored the issue of separated bicycle lanes. In this piece he relates the story of a bicyclist who comes out of the designated bicycle lane and enters the street. The author honks at the bicyclist. The bicyclist flips off the author.

I posted a blog on my firm website that discussed the legal ramifications of separated bike lanes, but Mr. Konkol illustrates the social ramifications. Regardless of the law, if a separate bike lane is provided, drivers expect us to use it and to stay out of the adjacent street. Imagine how indignant Mr. Konkol might have been had a realized that there may be law requiring bicyclists to use the cycle track instead of riding in the traffic lanes of Kinzie.

Most interesting is Mr. Konkol's apparent assertion that drivers are being persecuted because of their choice of conveyance. This is derived from his suggestion that driving is the new smoking in Chicago. Ahhh... How ironic that a driver should be threatened by the installation of a single separated bike lane on lowly Kinzie Avenue. It's not like the took a lane off the Kennedy... They just reduced a small side street to one through lane for mostly experimental purposes, and becuase of that a driver feels like his right to the road is threatened? A driver feels like his rights to roadways is being diminished becuase of the loss of a few feet of pavement along a dingy side street.

Fear not avid drivers. There are roads aplenty to accommodate your cars.

Taxi Complaints.

2011-06-29T13:52:00.000-07:00

Last week I observed the above Taxi blocking the cycle track. This cabbie had pulled between the pylons to the curb, cutting off a bicyclist in the process. When the bicyclist tried to explain to the cabbie that he should park in the parking lane, the cabbie ignored the bicyclist and remained blocking the cycle track. This picture of the offending taxi was taken after I came upon the scene and had a conversation with the cyclist, Mike. At the point I snapped this photo, the cabbie had been blocking the lane for a full five minutes or so after Mike had explained the intended workings of the cycle track and the adjacent parking lane. Mike even went so far as to point out the posted signage. No luck though, the cabbie just sat, intentionally blocking the lane.

The cabbie may argue that he is required to pull to the curb to pick up or drop off passengers, although this cabbie did not make that argument. He appeared to be more intent on blocking the cycle track just to spite Mike.

I explained to Mike that complaints against taxis may be lodged with the Department of Consumer Affairs by calling 311 or filing a complaint on-line. This is a good way to have your complaints heard as well as my experience is that the Department of Consumer Affairs typically follows up on complaints against taxis. The DCA has the power to discipline the cabbie and/or suspend the cabbie's right to work as a taxi driver in the City.

From the City's web site:

Complaints are investigated about the condition or safety of a cab, a driver refusing to pick up a passenger or take them to their destination, reckless driving, or an overcharge on the fare or discourtesy to passengers or fellow motorists.

It is vital to have a complainant's name and contact information on reports against drivers, as disciplinary action may be impossible without this vital information.

The Department of Business Affairs & Consumer Protection reviews all cab complaints.

Chicago Cycle Track; A Separate Lane for Bicycles

2011-06-06T15:35:00.000-07:00

Chicago has announced it is in the process of installing the first "cycle track" or separate bicycle lane. The Cycle track is currently being installed on Kinzie between Wells Street and Milwaukee Avenue. Bicycling advocates are largely excited about this experiment becuase it may signal a new direction for future bicycle infrastructure completely separate from driving lanes.

I like the design of the cycle track in theory. Mostly I like that it provides bicycles with space to operate away from the dangers posed by moving traffic. I also like that the cycle track appears to have been designed to leave space to protect bicycles from doorings. My understanding is that the picture above depicts a car not in a driving lane, but parked in a parking spot. The cycle track is intended to be separated from the moving traffic lanes by a line of parked cars.

I'll watch this experiment with great interest.

Photo courtesy of M. Burton.

Are Bicycle Messengers Employees or Independent Contractors?

2011-05-19T08:31:00.000-07:00

This is a question that comes up from time to time in my practice. If a client ever comes in with a case that occurred while they were working as a messenger we will often initiate a Worker’s Compensation claim regardless of whether or not they are classified as employees or independent contractors. As it turns out, the classification deemed by the employer is not dispositive by a long shot.

Messengers are often under the mistaken impression that they are “independent contractors” because their employer says they are an independent contract. Often, the employer has the messenger sign documents indicating their knowledge of their status as an “independent contractor.” When it comes to the question of who is an employee, the Illinois Industrial Commission has the last word.

Let us consider the example of the case my firm handled, Rangel v. Standard Courier, 10 IWCC 0023. In that case a bicycle messenger when he was hit by a car on the way to a drop. Mr. Rangel made a claim under the Illinois Workers’ Compensation Act, which was fought tooth and nail by Standard Courier. Standard Courier maintained all along that Mr. Rangel was an “independent contractor,” not an employee.

Mr. Rangel was hired by Standard Courier as a bicycle messenger. When he showed up for his first day of work, Mr. Rangel filled out a “NICA Independent Contractor Profile Form.” At the bottom of that form, just above Mr. Rangel’s signature, appeared the language, “I understand that I am completing this information in order to contract me services as a self-employed Independent Contractor and not as an employee of any company.”

Mr. Rangel also executed a document labeled, “Independent Contractor Agreement” a document that suggested that Mr. Rangel wished to specify his/her relationship to Standard Courier as an Independent Contractor, and not as an employee. Language from that document reads in relevant part, “In pursuing the work described in this Contract, the Contractor understands and agrees that he/she shall be and remain an Independent Contractor in fact and law.”

Further documents executed by Mr. Rangel indicated that Standard Courier was not to exercise direct control over “Contractor,” nor would the control the method or means by which the contractor performed his/her services. Further, Contractor was free to accept or reject any delivery orders. Mr. Rangel was paid through a trust operated by NICA. Mr. Rangel was responsible for paying his own income taxes. Mr. Rangel was required to maintain “bicycle insurance.”

Finally, it was expressly agreed in the documents signed by Mr. Rangel that he was an independent contractor, and he would not be covered by Standard Courier’s Workers’ Compensation insurance. Mr. Rangel agreed, by signing the documents, not to hold himself out as Standard Courier’s employee and to only represent himself as an independent contractor. The documents further indicated that Mr. Rangel would not be deemed or construed to be an employee of Standard Courier for purposes of Illinois Law.

Despite all those documents indicating to the contrary, Mr. Rangel was deemed by the Illinois Industrial Commission to be an employee, and if the Illinois Industrial Commission says someone is an employee that person is an employee.

The Industrial Commission based its finding on an analysis performed under the Illinois Supreme Court case Roberson v. Industrial Commission. Under Roberson, the determination of “employee” or “independent contractor” status is a fact specific inquiry taking into account the, “totality of the circumstances.” Roberson v. Industrial Commission, 225 Ill.2d 159, at 174 (2007). Factors considered by the Roberson Court are:

Whether the employer may control the manner in which the person performs the work,
Whether the employer dictates the person’s schedule,
Whether the employer pays the person hourly,
Whether the employer withholds income and social security taxes,
Whether the employer may discharge the person at will,
Whether the employer supplies the person with materials and equipment.

In Mr. Rangel’s case, the Industrial Commission considered these factors. They found that Standard Courier exerted control over Mr. Rangel’s work by prohibiting him from subcontracting work out. Standard Courier also exercised control over Mr. Rangel’s schedule by requiring Mr. Rangel to stick within an agreed schedule or be discharged. Standard Courier required Rangel to lease a radio, an essential piece of equipment as a messenger. Standard Courier also issued Mr. Rangel a badge with Standard Courier’s logo.

When Mr. Rangel came into our office we immediately recognized the potential for a Workers’ Compensation claim, and accordingly Robert Smoler was brought on board to help with the Workers’ Compensation aspects of Mr. Rangel’s claim. He is an invaluable member of the team who brings to the table years of experience dealing with the Industrial Commission.

In Mr. Rangel’s case we were successful in securing an award for Mr. Rangel. In so doing, we set a template by which future Worker’s Compensation Claims may be pursued against employers who are trying to avoid paying payroll taxes and Workers’ Compensation insurance on their employees. In doing so, employers enrich themselves while putting their employees at great risk.

Maybe Doorings Are Accidents...

2011-04-25T14:21:00.000-07:00

The Chicago Tribune reports today that IDOT will now keep track of doorings. Previously, IDOT had refused to consider doorings accidents, therefore, no statistics exist on doorings. This is a positive change, which may affect the availability of federal funds for driver education and other efforts in attempt to reduce doorings.

I have long estimated that about one third of all bicycle collisions in Chicago are doorings. It appears that in the future we will have an opportunity to see if my estimates hold true.

Pedestrians and Signals...

2011-04-13T13:24:00.000-07:00

Last night I received a call from a former client who wanted to know if cars are required to yield to pedestrians in a crosswalk against a don't walk signal. My client had heard interpretations of the new "stop and yield" law that suggest that drivers are required to stop and yield to pedestrians in any marked crosswalk despite the signal indication. The answer is: It's not that simple.

Illinois law was amended recently to require drivers to not only yield, but also to stop for pedestrians in crosswalks.

625 ILCS 5/11‑1002 (a) When traffic control signals are not in place or not in operation the driver of a vehicle shall stop and yield the right‑of‑way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Even if (hypothetically speaking) cars are required to yield to pedestrians regardless of the traffic signal, Illinois law specifically prohibits pedestrians from crossing the street against a don't walk signal.

625 ILCS 5/11‑1001 (a) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to him, unless otherwise directed by a police officer.

Further, Illinois law prohibits pedestrians from walking into traffic.

625 ILCS 5/11‑1002 (b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.

If you are hit by a car while crossing against a don't walk sign, you can expect the driver to raise the issue of your statutory violation as a defense. It is my experience that such defenses are effective absent evidence that the driver saw the pedestrian and disregarded him/her. So while it might not be right for a driver to disregard a pedestrian simply becuase the pedestrian has a "don't walk" signal, it also isn't right for a pedestrian to enter the street against a don't walk signal.

People often pose these academic questions about the application of civil law, but my response is often one of practicality. "Assume you're right... is it worth it if you're dead or injured?" You'll be in the legal right if you're hit while crossing in a marked crosswalk, notwithstanding any other traffic violations, and I'll be in a perfect position to bring a case or claim against the driver for your injuries. If such an unfortunate circumstance ever comes to pass a good lawyer can take care of the financial aspects of things to the extent of the law, but no lawyer can make you whole again. Nothing is worth a permanent injury or loss of life. Every person I've ever known with a permanent disability would rather be whole than "have a case."

Play it smart at intersections and crosswalks alike. My experience is that drivers almost always disregard the "stop and yield" requirement at crosswalks. Better to be safe than dead, so don't walk out into traffic just becuase of a legal principle, always keep your wits about you and watch for approaching traffic when crossing the street and obey traffic signals.

Strategies to Avoid Doorings.

2011-03-28T07:00:00.000-07:00

Doorings have made a bit of press lately with the revelation that IDOT does not track or count doorings based on their assertion that there is no moving vehicle involved. ATA is trying hard to change that, but in the meantime cyclists should be aware that doorings are a real hazard.

I suggest several easy strategies to avoid doorings:

Stay out of the door zone. See the picture above from Boston Biker Blog. It illustrates where the door zone is in relation to a bike lane. Keep in mind that bike lanes are basically striped directly in the door zone in Chicago, so ride toward the outside of the bike lane.
Look in side view mirrors for people. If you see someone in the car you know that door may be opened in your path, so act accordingly.
Put out your hand to catch doors. If I ride in the door zone, or close to a parked car door, I instinctively put out my hand as if to catch an opening door. Twice I have avoided being doored in this way.
Bob Matter also suggests the use of a "Take a Look" mirror. His theory is this: Most people ride in the door zone becuase they are worried about being hit from behind. If you use a mirror it makes one a little more comfortable to take a lane if they have a view of the traffic approaching from behind.

Hit-and-Runs in Illinois...

2011-03-23T07:00:00.000-07:00

I have long believed based on my experience as a lawyer and bicyclist in Chicago that if you are hit by a car as a cyclist or pedestrian in Chicago there is about a 20%-25% chance that the driver will attempt to flee the scene.

There are three statutes under which a driver is typically charged with fleeing the scene of an accident:

Accidents involving death or personal injury:

Sec. 11‑401. Motor vehicle accidents involving death or personal injuries.
(a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11‑403 have been fulfilled.

Failure to comply with this section is a felony. A personal injury is defined as, "any injury requiring immediate professional treatment in a medical facility or doctor's office."

Accidents involving property damage:

Sec. 11‑402. Motor vehicle accident involving damage to vehicle.
(a) The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle accident until the requirements of Section 11‑403 have been fulfilled.

Failure to comply with this section may result in suspension of driving privileges if the value of the property damage was in excess of $1,000.00.

Section 403 sets out what must be done after an accident:

Sec. 11‑403. Duty to give information and render aid.
The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
If none of the persons entitled to information pursuant to this Section is in condition to receive and understand such information and no police officer is present, such driver after rendering reasonable assistance shall forthwith report such motor vehicle accident at the nearest office of a duly authorized police authority, disclosing the information required by this Section.

After an accident a driver must:

Provide the driver's name
Provide the driver's address
Provide the registration number of the vehicle
Provide the name of the owner of the vehicle
Exhibit their driver's license
Render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

Failure to do so is a misdemeanor under this section.

My experience is that it is all but impossible to get a driver charged with felony hit-and-run after fleeing an accident with a bicyclist in Chicago. I have personally handled more than one case in which the driver outright fled the scene of the accident, leaving an injured person lying in the road and we eventually caught and identified the driver, and yet the driver was not charged criminally at all, or they were charged with only a misdemeanor violation of 5/11-403.

You also have to be able to identify the driver. Often times in hit-and-runs identification is a problem since the individual who was struck never actually saw the driver of the car. Identification of the actual driver is required for a criminal conviction. Merely accurately recording the plate is insufficient. If you just give CPD the plate they'll assume that anyone could have been driving the car, and they seldom follow up on those hit and runs. Any defense attorney will anticipate the identification defense and use it to get the charges dropped against their client if the hit-and-run victim cannot identify the actual driver.

We have a number of clients who came to us after being disappointed by the outcome of a criminal proceeding following a hit-and-run. Pursuing civil damages against a hit-and-run driver is substantially easier. For one thing, we don't need to identify the actual driver to initiate a lawsuit. We can just sue the registered owner of the vehicle under a negligent entrustment theory. The owner will inevitably know who was driving. In order for the owner to get "off the hook" in the civil case they'll identify the driver for us.

In instances where the driver is never caught never assume that nothing can be done. Some of my best results have been achieved in cases where the driver successfully fled the scene and was never identified. The trick in those cases is to find insurance coverage that might be activated by the accident, and since we deal with so many of these cases we are experts at finding insurance coverage. Always feel free to give us a call to discuss your case, and we'll be glad to answer any question you may have.

Chicago Cuttin' Crew Sponsorship.

2011-03-22T08:08:00.000-07:00

I am very excited to announce that in 2011 we will be sponsoring the Chicago Cutting Crew racing team. Although we sponsored Chicago Hardcourt Bike Polo in 2010 (currently ranked the number two bike polo team in the world!), this is our first official sponsorship of a racing team. We look forward to a fun filled year of fast and furious glory with the Chicago Cuttin' Crew.

Under Insured Motorists and Bicycles in Illinois

2011-03-21T16:15:00.000-07:00

As of the date of this post the mandatory minimum legal limits of insurance coverage to drive an automobile in the state if Illinois are $20,000. An effort was made this year to increase the liability limits, but it was killed almost immediately.

I estimate that about half of all drivers with insurance in Chicago only have $20,000 of insurance coverage. Think about this... One night in the hospital could cost way in excess of $20,000.

Most people in Illinois aren't overly worried about under-insured motorists becuase most people in Illinois carry under-insured motorist insurance coverage as part of their regular bundle of auto insurance. Car-free cyclists, on the other hand, typically do not have auto coverage, so if they are involved in an accident with a negligent motorist the only insurance is the motorist's.

I suggest that bicyclists carry their own auto coverage for only the under-insured/uninsured motorist coverage. An operator's policy costs less than a couple hundred dollars a year, and it can offer a good deal of coverage for under-insured motorists, uninsured motorists, and hit-and-run motorists.

Safeco and Progressive both offer such coverage as "operator's policies" or non-owner policies. It's cheaper than regular auto coverage becuase you don't own a car. I know car free cyclists who sometimes rent a car. If they have a non-owner's policy they can forgo the rental insurance. If you rent a car a few times a year, the money you save in optional insurance will pay for the non-owner's policy, and it will cover you all year round.

If you have questions about this type of coverage please feel free to call to talk about it.

New Web Site for Chicago Bicycle Laws.

2009-09-14T07:24:00.000-07:00

lawyerjimfreeman.com is live. My web design barbarians have been working hard pounding out a new website that we hope will provide easier access and organization of the information on this page. All of the information on this page will be moved to the firm website.

Deerfield Bicycle Laws

2009-08-19T07:00:00.000-07:00

Deerfield has it's own fairly comprehensive bicycle laws on the books. Some things to keep in mind are:

White headlight AND white front reflector as well as a red rear reflector are required
Persons under 16 are required to use helmets
Kids under 12 must use the sidewalks along Deerfield Road or Waukegan Road or County Line (Lake-Cook) Road
In business districts bicycles may be ridden on sidewalks
Riders must ride single file
No cycling under the influence of drugs or alcohol
No riding no-handed

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/08/19/deerfield-bicycle-laws

Western Springs Bicycle Laws

2009-08-17T07:00:00.000-07:00

Items to consider in Western Springs:

Bicycles owned by residents of Western Springs must be registered
White headlight and red rear reflector are required
Brakes are required
Bicycles must have a bell or horn
No riding on sidewalks in business districts

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/08/17/western-springs-bicycle-laws

Naperville Bicycle Laws

2009-08-12T07:00:00.000-07:00

Naperville basically adopts the laws applicable to bicyclists in the Illinois Motor Vehicle Code.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/08/12/naperville-bicycle-laws

Bike Salmon- Bad Idea

2009-08-10T07:00:00.000-07:00

Bike Snob may or may not have coined the term, Bike Salmon, but it's perfect for the application. Bike Salmon refers to bikers who ride the wrong way down a one way street. While I appreciate that it's not always possible to obey every single law, this is one aspect where violating the law is a really bad idea for a whole slew of reasons.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/08/10/bike-salmon-bad-idea

Legal Cycling Talk with the Lake County Bicycle Club

2009-07-27T13:52:00.000-07:00

On Tuesday, July 28, 2009, I will be giving a talk and presentation to the Lake county Bicycle Club. I'll be speaking about what to do in the event of an accident, common types of accidents and how to avoid them. The presentation will start at 7:00pm and last about one hour.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/07/27/legal-cycling-presentation-lake-county-bicycle-club

Dogs and Bicycles.

2009-07-21T07:00:00.000-07:00

When I gave a legal cycling presentation to the Wheeling Wheelmen last spring, the group was very concerned about dogs. Anyone who has done some rural touring has probably been chased by more than one dog.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/07/21/dogs-and-bicycles

CPD Bicycle Training Video

2009-06-19T08:59:00.000-07:00

The City of Chicago Department of Transportation has posted a training video for Chicago Police Officers created in partnership between the Chicago Police Department & The Chicago Department of Transportation.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/06/19/cpd-bicycle-training-video

Columbia's Bicyclist Harassment Law.

2009-06-17T11:51:00.000-07:00

Columbia a college town in Missouri just passed a law that prohibits harassment of bicyclists. See the associated press write up here. Anyone who regularly rides a bike has probably been a victim of some type of harassment. If such actions are reported to the police the response is often to the effect of, "What are we supposed to do about it?" With a law such as Columbia's anti harassment law, there will be a mechanism for harassing motorists to be charged and prosecuted even if their actions don't result in injury to the cyclist.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/06/17/columbias-bicyclist-harassment-law

Operator's Insurance

2009-05-29T07:00:00.000-07:00

Car free cyclists run the risk of being victimized by uninsured or under insured motorists. As I have stated many times in the past, most people in Illinois don't care about under insured or uninsured drivers because most people in the state of Illinois drive cars. Since most people are drivers, they probably have their own uninsured motorist coverage under their auto policy. Most auto policies offer $100,000 to $250,000 in uninsured or under insured motorist coverage. Driver's don't care about uninsured motorists, becuase they have their own insurance coverage that will be activated by a collision with an under insured or uninsured motorist.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/29/operators-insurance

Parking Mopeds on Bike Racks and Sidewalks.

2009-05-28T13:25:00.001-07:00

Jerome e-mailed me regarding bike racks and mopeds.

Jerome wrote:

As the weather turns warm the bike rack outside my downtown office building is literally teaming with bikes. Lately there have been a couple scooters parked at the bike rack. One typically has a note stuck to it that quotes a law that seems to allow scooters to use bike racks. Today I noticed that the scooter had been ticketed despite the note. Is it legal for scooters to lock to bike racks?

Thanks,

Jerome

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/28/parking-mopeds-bike-racks-and-sidewalks

A Helmet Law I Like...

2009-05-26T13:27:00.000-07:00

Deerfield did it right with respect to their helmet law. Excerpted below, Deerfield's village code requires persons under the age of 16 to use a helmet, it provides for standards the helmet must meet, and it allows that proof of compliance within 10 days after the violation may be used as a defense. More importantly, Deerfield built in language that prohibits a lack of helmet to be used against a cyclist in a civil suit. This means that drivers who negligently hit a cyclist who was not wearing a helmet will not be able to assert the lack of helmet as evidence of contributory negligence.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/26/helmet-law-i

Arlington Heights Bicycle Laws

2009-05-20T14:24:00.000-07:00

I'll be giving a presentation and answering questions about bicycling and the law at the upcoming Arlington Heights Bicycle Club meeting. The meeting will be held on May 27, 2009 at 7:30pm at 500 E. Miner Avenue (Recreation Park) in Arlington Heights. In anticipation of my presentation I thought it appropriate to examine the local law relating to the use and operation of bicycles. The Arlington Heights Village Code bicycle regulations are listed on the Village of Arlington Heights' web site- here

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/20/arlington-heights-bicycle-laws

Single file in the burbs...

2009-05-20T07:00:00.000-07:00

Many suburbs require cyclists to ride single file. Although Illinois Law allows that cyclists may ride two abreast, municipalities can pass their own restrictions regarding the manner and operation of bicycles within their city limits. Accordingly, in Chicago, and many suburbs cyclists are required to ride single file.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/20/single-file-suburbs

Rear Lights are Required in Many Chicago Suburbs.

2009-05-18T07:00:00.000-07:00

Most Chicago cyclists know that a white headlight and red rear reflector is required under Illinois State Law and the Chicago Municipal Ordinance. While Illinois State law does not specifically require a red rear light, many municipalities do require red taillights. Municipalities can require bicyclists to use equipment in addition to that which is required under Illinois Law, so if you are caught in such a municipality without required equipment you may be cited for a violation of the municipal code. Worse yet, if you are struck by a car and you don't have the required equipment you may be blamed for the collision.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/18/rear-lights-are-required-many-chicago-suburbs

Distracted Driving.

2009-05-13T11:36:00.000-07:00

The Illinois Legislature is considering a measure that would amend the Illinois Motor Vehicle Code to specifically prohibit text messaging while driving. HB0072 provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/13/distracted-driving

Messenger Helmet Laws in Chicago...

2009-05-11T07:00:00.000-07:00

While there is no state wide helmet law, many municipalities have municipal ordinances requiring helmets. If you are riding through any city with a helmet law and you have no helmet you risk being charged and convicted of a helmet violation. You should be aware of local helmet laws to avoid any trouble.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/11/messenger-helmet-laws-chicago

Helmet Laws.

2009-05-06T07:00:00.000-07:00

Insurance adjusters are typically not experienced in dealing with bicycle accidents. Sometimes they are provided with a list of questions to address when evaluating bicycle claim, but they don't typically seem to be familiar with laws that apply to cyclists in Illinois. One of the questions insurance adjusters always ask me about my bicycle cases is, "Was he/she wearing a helmet?"

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/06/helmet-laws

Doorings by Taxi Passengers.

2009-05-04T07:00:00.000-07:00

Mario sent the following e-mail:

Lawyer Jim, I have heard of people getting doored by cabbie passengers. How would that be handled?

If you are doored or caused to crash by a taxi passenger who opens a door in your path you should get the information of not only the driver, but also the passenger who open the door.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/04/doorings-taxi-passengers

Potholes in the Street.

2009-05-01T08:57:00.000-07:00

This week I got a call from a guy who was injured when he hit a pothole on Chicago Avenue. The pothole was deep, and an obvious hazard to bicyclists who might venture across that stretch of Chicago Avenue. The stretch of Chicago avenue where the crash occurred was not a marked bike route or bike lane. The cyclist was injured in the fall. He called me wanting to know if there was any recourse against the City for failure to maintain the roadway.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/01/potholes-street

Unlawful orders from police.

2009-04-23T10:05:00.000-07:00

Bob Mionske is a former Olympian and cycling attorney/advocate out of Portland. Among other things, Bob now writes a column for Bicycling Magazine relating to bicycling and the law. Bob's most recent column involves a story about a cyclist who was ordered to, "Get off the f#@%*$! road!" by a police officer in Ohio. The cyclist was later violently arrested for failure to comply with an officer's order among other things.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/04/23/unlawful-orders-police

Barrington Hills Bicycle Ordinance

2009-02-23T07:00:00.000-08:00

Apparently Barrington Hills, Illinois, has made a clear effort to crack down on cyclists. They recently passed two ordinances aimed at keeping cyclists in check. The first new ordinance requires cyclists within Barrington Hills to ride single file. Cyclists riding two abreast (or more) in Barrington Hills risk being cited with a violation of the statute, and cyclists involved in accidents while riding two abreast can expect their violation of this statute to be used against them in any civil action arising out of that accident.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/02/23/barrington-hills-bicycle-ordinance

Pedestrian v. Bicycle Accidents

2009-02-20T08:36:00.000-08:00

Bicycles are supposed to obey the rules of the road. Like drivers, sometimes cyclists don't always ride safely or legally. If a pedestrian is injured due to the negligent acts of a bicyclist, the pedestrian should treat the accident as any other accident. Call the police and follow the same steps outlined for what to do when you are involved in an accident.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/02/20/pedestrian-v-bicycle-accidents

"Legal Cycling" talks by Lawyer Jim Freeman

2009-02-13T06:39:00.000-08:00

Thanks to the Chicago Cycling Club for giving me an opportunity to educate cyclists about important safety and legal issues affecting cyclists. On February 10, 2009, I spoke on the topic of bicycles and the law at the REI located at 1466 N. Halsted. The presentation addressed the laws that apply to bicycles, insurance considerations for cyclists, typical types of accidents, common injuries and what to do after an accident.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/02/13/legal-cycling-talks-lawyer-jim-freeman

Headlight Awareness Promotion.

2008-12-11T08:14:00.000-08:00

The Active Transportation Alliance and Law Offices of James Freeman will be equipping cyclists with headlights and red reflectors tonight in effort to educate cyclists about proper lighting and reflective equipment.

See the Tribune's coverage here.

Brain Injuries- Aftermath.

2008-12-01T03:08:00.000-08:00

Brain injuries can be the most debilitating and difficult injuries from which to recover, not just for the injured person, but also for those close to the injured person. Every brain injury is unique. Brain injuries can affect nearly every aspect of one’s life from being able to take care of personal needs to work and to family relationships. Depending upon the severity of the injury, physical, cognitive and emotional/behavioral consequences can range from mild and manageable with the proper therapies to complete dependence in all areas of care. A catastrophic brain injury affects nearly every area of a person’s life including the physical, the emotional, the social and the financial.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/12/01/brain-injuries-aftermath

Montrose and the Lake Front Path Signage... Yield or Stop?

2008-11-18T08:39:00.000-08:00

John Greenfield wrote a good article about the ambiguous signage on the lake front trail at Montrose. At the intersection of Montrose and the Lake Front Path street traffic traveling on Montrose has a stop sign while traffic on the lake front path has yield signs. What is CDOT trying to do?

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/11/18/montrose-and-lake-front-path-signage-yield-or-stop

Common Bicycle/Motorist Crashes - Left Cross

2008-11-06T07:00:00.000-08:00

Almost one third of my bicycle cases involve the "Left cross." For some reason these are more common than the "right hook." I suspect it has to do with visibility issues and motorists' mistaken belief with respect to bicyclists rights on the road.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/11/06/common-bicyclemotorist-crashes-left-cross

Common Types of Injuries - Concussions

2008-11-04T07:00:00.000-08:00

I see brain injuries over and over in my bicycle cases. The severity of theses injuries varies widely from a headache to permanent functional brain damage. My experience is that there is no silver bullet when it comes to brain injuries. People who use helmets suffer brain injuries as well. If the hit is hard enough you can still have a brain injury despite proper helmet use.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/11/04/common-types-injuries-concussions

Common Bicycle/Motorist Crashes - Doorings

2008-11-03T07:00:00.000-08:00

In my experience about 30% of crashes in Chicago are doorings. Doorings are discouraging because they are completely avoidable. It never ceases to amaze me how people will just fling open the doors of their cars without any consideration for approaching traffic. Doorings violate both Illinois and Chicago law. Typically driver side dooring cases are hard to defend unless the dooring happened at night and the cyclist didn't have a headlight. In such an instance the motorist will say that they checked their mirror before opening the door and they didn't see the cyclist because of the lack of proper lighting equipment. The lack of headlight is a very effective defense in dooring cases.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/11/03/common-bicyclemotorist-crashes-doorings

Common Types of Injuries - Joints

2008-11-02T14:53:00.000-08:00

There are certain injuries I see over and over in my bicycle cases. Injuries to joints are common. Typical injuries to joints might involve shoulders, elbows, wrists, hips and knees. These are the areas of the body we usually fall on when we crash. When someone complains of pain to a joint after an accident I am typically very concerned.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/11/02/common-types-injuries-joints

Catastrophic Injuries and Auto Insurance Coverage.

2008-10-28T11:23:00.000-07:00

One of the frustrating problems I face with respect to getting a recovery for my clients is insufficient insurance coverage limits. The mandatory minimum coverage limits in Illinois require every automobile to carry liability insurance with a minimum of Twenty thousand dollars per occurrence and forty thousand dollars total. That means that for any given occurrence the most such a policy would pay out is $20,000. Twenty thousand dollars isn't a lot of coverage. One could exhaust that much coverage with one night in a hospital.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/10/28/catastrophic-injuries-and-auto-insurance-coverage

Dura Ace Wheelset Recall.

2008-10-23T15:12:00.000-07:00

Some Shimano Dura Ace wheel sets (model number WH-7850 C24CL, sold from April to August of 2008) have been recalled. Apparently the plugs used in the spoke holes can cause flats. As we all know, a flat at an inopportune time could potentially be very dangerous.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/10/23/dura-ace-wheelset-recall

What do I do if my claim is denied? Small claims.

2008-10-06T07:00:00.000-07:00

If you are involved in an accident and you have any medical treatment I strongly suggest you consult an attorney before talking to the insurance company. In the event that you only have a claim for the damage to your bicycle it may be fine to handle your own property damage claim. You can refer to my previous blog about how to file your claim with the insurance company.

What if the insurance company denies your claim? Small claims.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/10/06/what-do-i-do-if-my-claim-denied-small-claims

More Dooring Info.

2008-09-28T20:16:00.000-07:00

Anti-dooring.org provides some information and advice with respect to drivers and cyclists alike about the dangers of doorings. This site seems to confirm my observation that about 30% of cycling related crashes are the result of doorings.

Check out anti-dooring.org

Accident Checklist...

2008-09-09T15:04:00.000-07:00

Chicago Bike Racing posted this accident checklist. Wow! Who can remember all that stuff?

There are lots of things one could or should do in an accident, but I like to keep things simple so they are easy to remember in the heat of the moment. Here is my simple checklist:

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/09/09/accident-checklist

Do We Need More Laws to Regulate Bikes?

2008-08-26T17:02:00.000-07:00

Since my post on Chicago's Bicycle Safety Ordinance I have received a number of comments to the effect of, "What about the cyclists who disobey laws? How about passing some laws to deal with rogue cyclists?" To be clear, I have no interest in voicing the opinions of motorists here, rather I think it is important to understand why Chicago, of all places, has such a "problem" with rogue cyclists.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/08/26/do-we-need-more-laws-regulate-bikes

The Headlight Sting...

2008-08-25T21:40:00.000-07:00

Last week you may have heard about CPD ticketing cyclists for headlight violations. I, for one, am glad to hear it.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/08/25/headlight-sting

The Growing Frequency of Hit and Run Crashes.

2008-08-19T20:39:00.000-07:00

Recently there has been an explosion in the number of hit and run cases coming through my office. I have always maintained that cyclists are especially vulnerable to hit and run drivers because as cyclists we are intrinsically susceptible to be injured by cars, and we often lack proper insurance coverage to pay for the aftermath. Flight is a cowardly and selfish act that cannot be tolerated, and I intend to use every instrument at my disposal to see that hit and run drivers are punished and their victims compensated.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/08/19/growing-frequency-hit-and-run-crashes

Irritation With Cyclists is Creeping into Juries.

2008-08-12T12:15:00.000-07:00

Strategies Regarding Public Irritation With Bicyclists.

Ray Thomas , a Portland bike lawyer, wrote the above article, which presents a good viewpoint on a growing trend in bicycle cases, juror bias against cyclists. Our bad reputation for being lawless, reckless and downright rude is growing quickly as throngs of inexperienced cyclists take to the street as the price of fuel rises. In the above article, Ray points out that a growing number of cyclists are losing cases that should be won. Ray attributes this growing trend to juror bias against cyclists.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/08/12/irritation-cyclists-creeping-juries

Traffic Laws Apply to Bicyclists.

2008-08-03T20:26:00.000-07:00

The law is clear, bicyclists are expected to adhere to traffic laws. If you do not you endanger yourself and others. Sure, the danger posed by a cyclist is somewhat less imposing than that of a car, but it isn't as if cyclists can't injure pedestrians or motorists. I have personally seen cases where cyclists were sued after they injured pedestrians.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/08/03/traffic-laws-apply-bicyclists

Chicago's Bicycle Safety Ordinance

2008-07-21T07:00:00.000-07:00

Chicago's Bicycle Safety Ordinance is finally up and available on the web at Chicago Department of Transportation's Chicago Bicycle Laws page.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/07/21/chicagos-bicycle-safety-ordinance

Motorcycles and Mopeds in Bike Lanes.

2008-07-14T09:01:00.000-07:00

The price of gas is driving a wedge between Chicagoan and their beloved cars. A lot of people are choosing alternative forms of transportation. Among other things, this means that we're starting to see a lot more mopeds and motorcycles on the roads.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/07/14/motorcycles-and-mopeds-bike-lanes

Doorings... 625 ILCS 5/11-1407

2008-06-10T07:02:00.000-07:00

Under Illinois law it is illegal to open your door into traffic:

(625 ILCS 5/11‑1407) (from Ch. 95 1/2, par. 11‑1407)
Sec. 11‑1407. Opening and closing vehicle doors.

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

(Source: P.A. 79‑1069.)

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/06/10/doorings-625-ilcs-511-1407

Car Free Cyclists and Liability Insurance...

2008-04-24T13:41:00.000-07:00

A number of people have asked me about liability insurance coverage for car-free cyclists, perhaps in response to my previous post. Suppose you are a car-free cyclist and you cause an accident in which someone is injured or their property damaged. What do you do about the injured party's claim against you?

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/04/24/car-free-cyclists-and-liability-insurance

Standard Mutual Insurance v. Jimmie Rogers

2008-04-15T15:14:00.000-07:00

On March 20, 2008, the Third District Appellate Court delivered the opinion of Standard Mutual v. Rogers. In this case the Court addressed the issue of whether or not a driver hit by a bicyclist could make a claim for personal injuries under his uninsured motorist policy that protected against operators of uninsured motor vehicles. Standard Mutual v. Jimmie Rogers, Docket No. 3-07-0138, (Ill. 3rd Dist. 2008).

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/04/15/standard-mutual-insurance-v-jimmie-rogers

Bicycle Safety Ordinance Passes.

2008-03-15T06:48:00.000-07:00

See The Gaper's Block article here.

City Traffic Committe consideres the newly proposed motorist/cyclist city ordinance.

2008-03-06T07:08:00.000-08:00

The Sun Times is reporting on city committee meeting regarding the proposed city ordinance that would fine motorists who turn in front of someone on a bicycle, violate the three foot passing law or open a vehicle door into the path of a cyclist. The ordinance would also increase fines for people who park in bike lanes or double park in a shared bicycle lane.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/03/06/city-traffic-committe-considers-newly-proposed-motoristcyclist-city-ordinance

Thumbs Down to Helmet laws.

2008-02-25T11:15:00.000-08:00

We want to make bicycles easy to use. We want to encourage people to use them. The way to do this is not by adding restrictions to the use of bicycles.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/02/25/thumbs-down-helmet-laws

After an accident: NEVER post statements on the internet.

2008-02-22T06:54:00.000-08:00

Statements you make after an accident can be used against you. For that reason I strongly prohibit my clients against posting any discussion of their accident to list-servs, blogs or other internet outlets. If you need information or resources you should ask questions without disclosing any details of the accident.

Traffic Court- When the driver gets the ticket.

2008-02-22T05:50:00.000-08:00

Assume you were hit by a driver, it was the driver's fault, and the driver got a ticket for a moving violation, and they gave you a court date. As with all cases involving injuries, I suggest that you contact a lawyer immediately. If you only have property damage you can probably ultimately handle the matter yourself, but it is always a good idea to consult with a lawyer in the event of an accident. Notwithstanding that...

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/02/22/traffic-court-when-driver-gets-ticket

Chicago Ordinance Could Help Cyclists.

2008-02-07T10:42:00.000-08:00

The Chicago Tribune has reported that Mayor Daley introduced an ordinance yesterday that would fine motorists who turn left or right in front of someone on a bicycle, violate the three foot passing law or open a vehicle door into the path of a cyclist.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/02/07/chicago-ordinance-could-help-cyclists

Valet Signs in Bike Lanes.

2008-01-08T08:50:00.000-08:00

Last Saturday I clipped a valet sign that was placed squarely in the middle of a bike lane just south of Devon on Milwaukee. Are you irritated by valet signs in bike lanes? So am I.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2008/01/08/valet-signs-bike-lanes

Uninsured Motorists in Illinois.

2007-12-19T22:08:00.000-08:00

Recently I attended traffic court with one of my clients. I am always shocked to see the light punishment people receive for not having insurance. For instance, I saw a woman plead guilty to blowing a stop sign and no insurance. She was fined $25.00 for blowing the stop and $50.00 for not having insurance. The court then assessed $55.00 in court costs for a whopping total of $130.00 in fines and costs.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/12/19/uninsured-motorists-illinois

Hit and Run.

2007-12-19T21:50:00.000-08:00

People often think that if the driver flees after an accident there is no possibility of recovery. That may be true, but often it is not. I have personally handled cases in which we were able to locate a hit and run driver through thorough investigation. In each instance the initial assumption by the police was that the driver was uninsured, and therefore, fled the scene. In each instance this turned out to be untrue, and the driver did have valid insurance. These experiences led me to believe that drivers don't flee after they hit a cyclist because they don't have insurance, so much as they flee because they think they can get away with it.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/12/19/hit-and-run

An accident with no physical contact...

2007-12-19T21:27:00.001-08:00

From time to time I get calls from people who were injured in the process of avoiding a collision. Take the "dooring" example. In broad daylight ND (negligent Driver) parks his car on the East side of State Street. He spends a couple minutes turning things off and collecting his things before opening his door without looking. At exactly that same time, IC (Innocent Cyclist) is traveling northbound on State Street approaching and passing ND's car. IC sees ND's car door open just in time to swerve out of the way. She narrowly avoids hitting the door, but in doing so IC loses control of her bicycle and crashes causing injury and damage to her bicycle.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/12/19/accident-no-physical-contact

Snow Removal

2007-12-17T18:37:00.000-08:00

It's the time of year when snow removal is an issue for everyone. It is important to remove snow from sidewalks. Clear sidewalks benefit everyone, and many people such as the elderly or those with disabilities can find it difficult if not impossible to negotiate a snow filled sidewalk.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/12/17/snow-removal

When are Police Required to Generate an Accident Report?

2007-12-04T17:23:00.000-08:00

Reports must be filed in connection with any accident involving an injury, death or property damage in excess of $1,500.00 ($500 if there is no insurance coverage). See 625 ILCS 5/11‑406 (from Ch. 95 1/2, par. 11‑406).

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/12/04/when-are-police-required-generate-accident-report

After an Accident- How to handle your own Property Damage Claim.

2007-10-18T18:29:00.000-07:00

If you are in an accident and fault for the accident lies with the driver you may want to bring a claim against the driver’s insurance for any injuries you sustain or damage to your property. If you have an injury I would always suggest consulting a lawyer. In such an instance lawyers can provide valuable services that will make things easier and assure a better result. In the event that you are injured, regardless of fault, you should not speak to the driver’s insurance until you have consulted with a lawyer. If you do speak to the insurance be sure you do not give any recorded statements.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/18/after-accident-how-handle-your-own-property-damage-claim

Where can I lock up?

2007-10-11T21:47:00.000-07:00

In Chicago we must look to the Chicago Municipal Code which reads in relevant part:

9-52-070 Parking.

No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk against a rack, parking meter or sign pole to support the bicycle or against a building or at the curb in such manner as to afford the least obstruction to pedestrian traffic.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/11/where-can-i-lock

Another Headlight rant...

2007-10-11T20:48:00.000-07:00

White headlight and red rear reflector. That's the law.

When you pay dues for a Chicagoland Bicycle Federation membership they give you the choice of a map or a tail light. I have it on good information that CBF is going to switch from tail lights to head lights specifically to make their members more aware of and compliant with the law with respect to headlights.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/11/another-headlight-rant

Quick settlements.

2007-10-11T20:22:00.000-07:00

People are always in such a rush to make a claim. What's the rush? You don't know how much you should ask for until you are done treating and you are all better. In most cases you have two years from the date of an accident to bring suit for personal injuries. Be careful about this though... another reason to consult with a lawyer. If you are dealing with the CTA you must report the accident withing 6 months and there is only a one year period in which to file suit. There is also a one year limitation when a governmental entity such as a municipality or county is a defendant. Don't make assumptions with respect to the time limit within which you must bring suit- talk to an attorney. Only an attorney familiar with your case can advise you with respect to the proper statute of limitations. There are instances where one might want to file suit quickly, but in the overwhelming majority of instances there is no immediate rush.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/11/quick-settlements

Do we really need to involve lawyers? The illusion of a claim without a lawyer.

2007-10-11T19:00:00.000-07:00

If you think you are going to handle your claim on your own and there aren't going to be any lawyers involved you are fooling yourself. Insurance companies have armies of lawyers working for them. I formerly was a foot soldier in just such an army, and I can tell you from experience that adjusters are trained to elicit information that will help in the defense of any given claim.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/11/do-we-really-need-involve-lawyers-illusion-claim-without-lawyer

Riding two abreast...

2007-10-09T14:17:00.000-07:00

Bicycles are subject to the laws of the jurisdiction in which they are ridden. If there is no local statute to the contrary, Illinois law applies. Illinois State law allows bicyclists to ride two abreast.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/09/riding-two-abreast

Bicycles, Sidewalks and Lake Shore Drive.

2007-10-09T14:08:00.000-07:00

It is illegal to ride your bicycle on the sidewalk.

See Chicago Muni Code...

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/10/09/bicycles-sidewalks-and-lake-shore-drive

What to do after an accident... Links

2007-09-13T22:28:00.000-07:00

I like what WHN says about what to do if you are involved in an accident, but it may be tough to remember all this stuff at the scene.
Here is the Chicagoland Bicycle Federation's advice.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/09/13/what-do-after-accident-links

Passing on the Right

2007-09-12T18:39:00.000-07:00

This is a real problem for Chicago Bicyclists, and an area that need real attention from advocacy groups. In short, it is illegal to pass a stopped vehicle on the right. We are expected to pass on the left.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/09/12/passing-right

The Proposed Boub Fix-

2007-09-10T08:57:00.000-07:00

CBF and LIB have been trying to push through a legislative fix for Boub v. Wayne Township. See a detailed discussion of the legislative history of SB 275 at LIB's website or the Illinois General Assembly website. Boub has had different effects on bicyclists in the State of Illinois.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/09/10/proposed-boub-fix

Boub v. Wayne Township: The Full Case Text

2007-09-10T08:29:00.000-07:00

702 N.E.2d 535

183 Ill.2d 520, 234 Ill.Dec. 195

Jon P. BOUB, Appellant,
v.
TOWNSHIP OF WAYNE et al., Appellees.

No. 84246.

Supreme Court of Illinois.

Oct. 22, 1998.

[234 Ill.Dec. 196] [183 Ill.2d 521] Thomas E. Patterson, Hickey, Driscoll, Kurfirst, Patterson & Melia, Chicago, for Jon P. Boub.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/09/10/boub-v-wayne-township-full-case-text

Recent Changes in Illinois Law...

2007-09-03T08:44:00.000-07:00

On August 16, 2007, the Governor signed SB0080 into law. This act makes three basic changes that could benefit Illinois cyclists.

First, it sets a minimum distance at which motorists must pass cyclists. The relevant provision reads as follows:

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/09/03/recent-changes-illinois-law

Headlights and the Law.

2007-09-01T06:54:00.000-07:00

The Chicago Municipal Code states, in relevant part:

9-52-080(a) Every bicycle when in use at nighttime shall be equipped with a head lamp which shall emit a white light visible from a minimum distance of 500 feet from the front and with a rear red reflector capable of reflecting the head lamp beams of an approaching motor vehicle back to the operator of such vehicle at distances up to 200 feet or a rear lamp emitting a red light visible from a distance of at least 200 feet from the rear.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/09/01/headlights-and-law

Naked Cycling and the Law

2007-06-01T07:00:00.000-07:00

Mardi posted a comment to my earlier blog, "Riding Under the Influence" asking,

"What about naked bicycling? Is that prohibited under Illinois law?"

Mardi must be looking forward to the upcoming Naked Ride, set for Saturday June 9, 2007. I look forward to seeing you there and naked Mardi.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/06/01/naked-cycling-and-law

Riding Under the Influence

2007-05-10T06:58:00.000-07:00

People v. Schaefer

The case People v. Schaefer, 654 N.E.2d 267, 274 Ill.App.3d 450, 210 Ill.Dec. 968 (2nd Dist. 1995) addressed the issue of whether or not an individual riding a bicycle subject to the DUI provisions of the Illinois Vehicle Code. Schaefer was pulled over by police while riding his bicycle. He exhibited signs of intoxication, but refused to submit to BAC testing. He was charged with certain violations of Illinois DUI laws. The trial court granted Schaefer's motion to dismiss and threw out the DUI charges against Schaefer. The State appealed the trial court's ruling. On appeal the State argued that Schaefer was subject to the DUI provisions of the Illinois Vehicle Code. Their argument was based on the language of 625 ILCS 5/11‑1502 which reads as follows:

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2007/05/10/riding-under-influence

My Education and Experience.

2007-02-03T21:32:00.000-08:00

I graduated from the University of Illinois in 1996 with a Bachelor of Science in Psychology. In 2000 I received my Juris Doctor from the DePaul College of Law.

When I graduated from Law School I went to work for Goldstein, Fishman, Bender & Romanoff, representing people who were injured. While there I handled a heavy caseload of wide ranging personal injury cases including auto accidents, premises liability cases, construction accidents, work related injuries, dog bites, and general negligence claims. I gained invaluable litigation and negotiation experience including numerous jury trials and countless arbitrations.

In early 2002 I went to work for a big defense firm, Bollinger, Ruberry & Garvey. I made the move to the defense firm with the single idea that I needed to have experience working both sides of the aisle in effort to make myself a more experienced and well rounded litigator. I defended a wide range of personal injury cases and developed a specialty in construction litigation, premises liability and bicycle cases.

By that time I was a year round bicycle commuter and racer, so the firm would naturally offer me bicycle cases when they came to the firm for defense. At first it was sort of a novelty, but after a while I started to recognize that there wasn't anyone like me with both legal and cycling perspective and experience.

In 2006 the stars aligned to allow me to leave the comfort of my firm job in pursuit of my own practice. At first I thought I'd have a diverse practice like every other personal injury attorney in Chicago, but pretty quickly it became apparent that there was tremendous need for my services within the bicycling community. Since then I have dedicated my practice to the advocation and representation of bicyclists and pedestrians in Chicago and Illinois.